Kissimmee Drug Possession Defense

In Florida, possessing any amount of nearly any controlled substance — a single pill without a prescription, cocaine residue in a baggie, a gram of someone else's product left in your car — is a third-degree felony. The only common exception is cannabis: 20 grams or less is a first-degree misdemeanor. That means ordinary traffic stops on US-192 and the Turnpike produce felony cases every night, most of them against people with no record and a very defensible set of facts.

Possession cases are among the most defensible felony charges in the courthouse. Call or text 407-846-8008 before you decide anything.

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The Charges Under § 893.13

• Possession of a controlled substance: third-degree felony — up to 5 years and a $5,000 fine. This covers cocaine, methamphetamine, heroin, fentanyl, MDMA, and prescription medications (oxycodone, Xanax, Adderall) without a valid prescription.

• Possession of cannabis, 20 grams or less: first-degree misdemeanor — up to 1 year. More than 20 grams: third-degree felony. (Medical marijuana patients: card and compliance rules matter — a lawful patient outside the rules can still be charged.)

• Drug paraphernalia (§ 893.147): first-degree misdemeanor for use or possession with intent to use — pipes, scales, baggies — and a frequent add-on count used for plea leverage.

• Possession with intent to sell and sale/delivery are second-degree felonies for most hard drugs (third-degree for cannabis), with reclassification — and in school and park zones, a possible 3-year mandatory minimum — when the State alleges dealing near protected places. Quantity, packaging, cash, and texts are what move a case from “possession” to “intent to sell,” and that move is contestable.

• A drug conviction also brings collateral consequences people don't expect, including possible driver's license revocation and loss of financial aid eligibility.

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Constructive Possession: The Defense Engine

Florida recognizes two kinds of possession. Actual possession — on your person. Constructive possession — the State must prove you (1) knew the drugs were present and (2) had the ability to control them. In every car-with-passengers case, roommate case, borrowed-vehicle case, and “found in the center console” case, constructive possession is the fight:

• Mere proximity is not possession — Florida courts say so repeatedly.

• Joint occupancy requires independent proof of knowledge (fingerprints, admissions, behavior) — not just presence.

• “Everyone in the car gets charged” is a booking decision, not a legal standard, and it does not survive a well-litigated motion or trial.

Add the constitutional layer — pretextual stops, prolonged detentions waiting for a K-9, consent that wasn't voluntary, searches beyond the warrant — and suppression ends a large share of these cases outright.

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Ways Out Without a Conviction

• Drug court / pretrial intervention. For qualifying nonviolent felony charges, the Ninth Circuit's treatment-court track ends in dismissal on completion — and a dismissed charge can be expunged.

• Diversion for misdemeanor cannabis and paraphernalia cases.

• Withholds of adjudication that preserve civil rights and sealing eligibility.

• Overdose immunity: Florida law protects a person seeking medical help in good faith during an overdose from possession prosecution arising from that episode — a defense that is overlooked constantly.

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Frequently Asked Questions

The drugs weren't mine — they were my passenger's. Why was I charged?

Because you were driving. That is exactly the constructive-possession scenario the State has to prove and often can't. Don't plead to someone else's felony.

It was my own prescription medication, just not in the bottle.

A valid prescription is a defense. Proof of the prescription, presented correctly and early, routinely gets these cases dropped.

Will a first-time possession charge really follow me?

A felony drug conviction is permanent, affects employment and housing, and cannot be sealed if adjudicated. A diverted or dismissed charge can be wiped away. Same arrest — opposite futures.

What about fentanyl — I heard even small amounts are different now?

Four grams of fentanyl or its analogues triggers trafficking charges with a 7-year mandatory minimum — weight includes the whole mixture, not the pure drug. See Drug Trafficking.

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A Felony Tonight Doesn't Have to Be a Felony Forever

Chad Seibel is a former prosecutor who knows which possession cases the State can actually prove — and which it quietly can't. Call or text 407-846-8008 for a free consultation. Office visits are by appointment only.